A/HRC/34/66
Overseas workers
26.
Most of the stakeholders whom the Special Rapporteur met during his visit to NorthEast Asia raised the issue of overseas workers. These workers reportedly constitute a
significant source of foreign currency for the Government of the Democratic People’s
Republic of Korea as a substantial portion (60-90 per cent) of their salaries is reportedly
deducted by the State in the form of “loyalty funds” and operating costs of the North
Korean companies deploying the workers. 39 At one point, at least 45 countries were
reported as hosting workers from the Democratic People’s Republic of Korea. 40 While
working abroad, workers reportedly remain under tight supervision of officials from the
Democratic People’s Republic of Korea, without freedom of movement, expression and
association. Workers are allegedly subjected to serious violations of international labour
standards, including long working hours, delayed and below-minimum-wage payments and
lack of safety measures. Despite these violations, the Special Rapporteur was informed that
being sent abroad is perceived as a unique opportunity to earn foreign currency, and people
reportedly continue to bribe officials to enrol in the overseas workers scheme. 41 The Special
Rapporteur urges the Government of the Democratic People’s Republic of Korea to ensure
that workers are allowed to receive adequate wages that are reasonable for the labour they
provide, and that they are not subjected to violations of the rights to freedom of movement,
expression and association. The Special Rapporteur also calls on Member States that host
workers from the Democratic People’s Republic of Korea, as well as companies that
employ them, to exercise due diligence and put in place specific measures to ensure that
international labour and human right standards are upheld. 42
Persons who have left the Democratic People’s Republic of Korea
27.
Talking to persons who have left the Democratic People’s Republic of Korea
allowed the Special Rapporteur to understand some of the human rights violations that
motivated their decision to leave. The Special Rapporteur also learned about the challenges
that these individuals faced as they braved restrictions on the right to freedom of movement
and made the journey out of the country. He was impressed that they were well aware of
their rights and that, despite all the obstacles they faced, they looked forward to the future.
Most of the women who spoke to the Special Rapporteur were victims of human
trafficking. The commission of inquiry estimated that a large percentage of women and
girls who cross the border from the Democratic People’s Republic of Korea to China
unaccompanied become victims of trafficking in persons, mainly for purposes of
exploitation in forced marriage. 43 The risk of forced repatriation to and detention in the
Democratic People’s Republic of Korea during their journey remains high. The Special
Rapporteur met with women escapees in the Republic of Korea who had to leave behind in
China their children born to Chinese fathers. During the interviews with the Special
Rapporteur, these women shared their hope to be reunited with their children. Despite the
lack of accurate information concerning the number and location of these children, they
remain particularly vulnerable because of their stateless status. In this respect, the Special
Rapporteur recalls the conclusion of OHCHR in its report on the involuntary separation of
Korean families, in which it stressed that “there are no formal tracing mechanisms that may
39
40
41
42
43
Ibid., pp. 477-480.
Shin Chang-Hoon and Go Myong-Hyun, Beyond the UN COI Report on Human Rights in DPRK
(Asan Institute for Policy Studies, Seoul, 2014), available from http://en.asaninst.org/contents/asanreport-beyond-the-coi-dprk-human-rights-report/.
See also Korea Institute for National Unification, White Paper 2016, p. 472.
Guiding Principles on Business and Human Rights, principle 12.
See A/HRC/25/63 and “Report of the detailed findings of the commission of inquiry on human rights
in the Democratic People’s Republic of Korea”.
11
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